Blog Assignment #2
Task #1
Real estate defined by American terms is imply a designated piece of land and the improvements that's made to this piece of land. Basically, these improvements can consist of all sorts of items but they are categorized as improvements when they are reasonably permanently affixed to the land. By reasonably permanently affixed to the land, one can test for fixture status of the chattel. The test is in three steps:
- A test of intent. Is there an intent from one of the parties in the RE agreement.
- A test of attachment where you look at if the item can be removed without injury to the real estate.
- A test of adaptability where you look at how the real estate would be if the affixture wasn't there.
Thus, real estate is tangible and immobile and consist of what's permanently attached to the piece of land. This is to be compared to real property that is the rights that are attached to the ownership of a real estate. Real property is therefore a bundle of right's that one achieve when you acquire real estate that you can choose to use, sell, lease etc. if you want to.
To look at the rights of properties, I have found this little clip that explains property rights in a rather peculiar way. The power of property rights are explained through the common ownership of surf waves where there are specific rules according to who's on the wave first and how many that can be on one wave. The video is self-explanatory, and you can take a look at it right here:
https://www.youtube.com/watch?v=jnjPFZV8Wqo
Task #2
There are some restriction on the ownership on land that can be enforced. These can be either private or public. This is a description on what private restrictions on ownership is as well as some examples to back it up.
Private restrictions are limitations that run with the piece of land that you own. These private encumbrances can be either financial (e.g. liens) and/or non-financial (e.g easements).
- Covenants, conditions and restrictions: These are restrictions that are explicit in the deed of the real estate. This could be that one can't sell alcohol on the property.
- Lien: This is a financial claim on the property for the debt in the real estate. These can be voluntary (e.g. a mortgage payment) as well as in-voluntary if the owner of the real property has for example unpaid taxes.
- Easement: An easement is a right given by the owner of real estate for another to use the piece of land in a specific way. These can be appurtenant easements where there's a dominant and estate and burdened estate (e.g a drive way passing one real estate to get to the one behind) and/or easement in gross where there are only servient estates (e.g. high power lines)
- Adverse possession: This allows individuals to acquire real estate even though they do not own it but because they have openly possessed it for a statuary period of time.
There are several private encumbrances that restrict how you can use you property. The example I'd like to give is a trend that's risen after the financial crisis in 2008 where more and more people defaulted on their mortgages resulting in empty houses. So called squatters go in and live there for a statuary period of time and if they openly declare that no one should trespass they can declare the legal right of 'adverse possession'. Thus, this man has been living in a multi-million dollar home for the last seven months - doing so without paying a dime. Follow the URL for the whole story:
https://www.youtube.com/watch?v=bOiUE0Yo2t4
Task #3
As mentioned in task #2, restrictions can not only be private but there can also be public restrictions that limit the usage of your property. The government powers are generally split in four and elaborated upon underneath:
- Taxation: The government can impose an ad valorem tax on your property. Thus, if you are the owner of the property then you are liable to pay the state property tax.
- Eminent domain: The government can also acquire you property for the public use of your real estate. This could be if it's beneficiary for the community e.g. there's a highway that's being built through your real estate. The owner of real estate can file for compensation of the government buying him out of the house (just compensations). Also, if and adjacent property feels like his/her property has lost value after the eminent domain they can file for inverse condemnation.
- Police Power: This restriction enables the government to be able to regulate if there dangers to the health and general welfare of the public nearby.
- Escheat: Escheat enables the government in case of the death of a person with no close relative to cease the real estate. The power of the property thereby falls to the state/crown.
There are several more ways the government can restrict ownership of private property, including takings etc. However these are some examples of how restrictions can apply to our real estates. In later years in America, we have experienced an increase in the government's use of eminent domain hereby taking people's homes and compensating them with what's fair value. This article from CBS illustrates how people fight back on the government wanting to tear down a 100 year old neighborhood to make brand new condominiums. The fight is still going on and as of now, the couple in the article living just outside of Cleveland can stay where they are.. for now.
For the article, follow:
http://www.cbsnews.com/news/eminent-domain-being-abused/